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DRAFTING AND INTERPRETING GOVERNING LAW AND …

DRAFTING AND INTERPRETING GOVERNING LAW AND JURISDICTION. CLAUSES A PRACTICAL GUIDE. 1. Introduction 2. GOVERNING law a. Guide to GOVERNING law clauses b. Choosing a GOVERNING law 3. Jurisdiction a. Litigation or arbitration? b. One-way jurisdiction clauses c. Multi-tiered dispute resolution clauses d. Complex transactions e. DRAFTING tips 4. DRAFTING an effective arbitration clause a. Introduction to DRAFTING an arbitration clause b. Key issues c. DRAFTING tips 1. INTRODUCTION. When DRAFTING a contract, typically only a cursory glance is given to the GOVERNING law and jurisdiction provisions which form part of the boilerplate clauses at the end of the contract.

did not wish to accept the other's jurisdiction or governing law, and could reach no agreement on any other jurisdiction or governing law. As a result, [the relevant agreement] contains no governing law clause and no jurisdiction clause. In addition, neither party wanted to give the other an advantage in terms of where the agreement was finalised.

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